Maternity leave: protection by law

• Definition, Explanation
• Tips, Checklist

Maternity leave is regulated by the Maternity Protection Law and applies to all women who under employment. Maternity leave commences 6 weeks before birth or the calculated date of birth. Mothers-to-be are not allowed to work in the last 6 weeks before delivery unless they expressly agree to do so. After giving birth, they are not allowed to go to work until after 8 weeks. In the case of premature or multiple birth, this period is extended to 12 weeks. Law prohibits any kind of activity exceeding 8.5 hours a day. Overtime, night employment and Sunday work are prohibited.

Preventative examinations can be carried out during working hours. The duration of the visit to the doctors is regarded as working time.

During maternity and parental leave, the employment protection act applies. The details are defined in § 9 and §10 MuSchG (Maternity Protection Act).

• Inform your employer about your pregnancy as soon as it is known. From this point in time, the protection provisions of the Maternity Protection Act apply. The announcement usually follows the 12^th week as one can assume the pregnancy is stable. Your doctor will issue a certificate stating the estimated date of birth
• Send this certificate stating the estimated date of birth to personnel department responsible for you. They will inform your superiors, especially about the begin of the period of maternity protection
• As well as your personnel department informing your superior, you should also receive a maternity leave application form. If not, then ask
• The employer is obliged to inform the trade supervisory centre and the works council. Others may not be informed about your pregnancy unless permitted by you
• Announce a premature delivery by means of a medical certificate. The period of protection is then extended by the period you were not able to take before birth
• Inform your medical insurance company. They will inform you about the formalities. Your health insurance pays you maternity allowance, your employer the difference between that and your average net wage of the three months preceding maternity leave. Whilst being paid maternity allowance, your health insurance membership is non-contributory
• Check your payroll with regard to the amount paid in addition to maternity benefit and one-off payments like Christmas money, profit-sharing and holiday pay. Maternity protection does not mean a decrease in these
• The pension fund regards periods of maternity protection as contributory periods